I am confused

Also skint · 14th June 2006, 18:31

I was kindly passed onto the Scottish site and so glad that I have read all your messages as I feel exactly the same as everyone else - very scared! It has been about a month since I sent my last letter to LTSB asking for £5K back. I live in Edinburgh and telephoned round a few of the smaller solicitors who would take the case on for me but was informed that only the bigger companies specialise in banking law.

I have now been advised that as LTSB is registered in England I can do the whole lot in a oner down there as their limit is £5K. My questions:

1. Do I add interest onto this or shall I just go for the £5K
2. Which court do I use? I have been looking at other peoples threads and some say the borders as it is closer to me and others say the court nearest the bank head office.
3. If they do try to defend do I have to turn up?

I would be grateful if anyone could take me through this step by step and what I write on the forms.

Thank you all so much it is a great website and will be happy to contirbute 5% on anything I get back (and take anyone who helps out for a slap up meal - that's if you live in Edinburgh!!)

S
x

woolfie · 18th June 2006, 16:55

Hi there,

Which letter did you send last? Was it the LBA? It is vital that you follow exactly the system outlined on this site!! If you havent then I would recommend starting the process again.

To answer your questions:-

1. You soulkd add the interest when you ae raising the small claims action and not before this stage. You work out the interest by using the spreadsheet in the templates library.

2. To claim in England my understanding is that you need an English address (possibly a friend or a relative?) and you would use the court nearest to them. I think there are a few people who have gone down this road so worth a serch around the forum. My understanding is you cant use moneyclaim in these circumstances but personally I would phone a county court and ask them.

3. Yes if they defend either you or your representative will have to turn up.

Hope this helps a bit.

If you were to claim in Scotland you would have to sever your claim into £750 chunks and take them to small claims one at a time.

cheers

Woolfie

Also skint · 19th June 2006, 19:18

Now I am totally confused! Robertxc advised that I would be able to go through the English courts but didn't mention anything about using a relative's address, I don't have any in England I'm afraid.

Do you think it would be better to do it all in Edinburgh in chunks of £750 (close to where I live). I don't fancy going down to England if they do defend.

I sent the bank the initial letter and then the step 2 letter threatening legal action but that was about a month ago, should I send them another giving them one last chance?

Any help would be appreciated as each time I read some advice it contradicts what I have read previously.

S
x

woolfie · 20th June 2006, 00:36

Quote:

Originally Posted by Also skint

Now I am totally confused! Robertxc advised that I would be able to go through the English courts but didn't mention anything about using a relative's address, I don't have any in England I'm afraid.

Do you think it would be better to do it all in Edinburgh in chunks of £750 (close to where I live). I don't fancy going down to England if they do defend.

When I spoke to one of the County Courts in England they advised me that I would require a Correspondance address in England however I believe that Robertxc has taken action in England so I would pm him and double check.

I sent the bank the initial letter and then the step 2 letter threatening legal action but that was about a month ago, should I send them another giving them one last chance?

They are stalling you have sent them the LBA now commence with court action as you told them you would do in your letter.

Any help would be appreciated as each time I read some advice it contradicts what I have read previously.

It can all be quite confusing but just ask any questions and you will get the answers.

Hope this helps a bit I will be watching your thread so if you have any more questions just post them here and I will do my best to help

Good luck

Woolfie

Also skint · 21st June 2006, 18:28

Thank you Woolfie. I think i am going to go down the Scottish route and submit several claims for £750. Will print off the forms tonight and get them in this week.

Thanks for your help

S
x

Also skint · 25th July 2006, 21:12

Me again!! Been very busy at work and with 2 young sons so have put the completion of forms to the back of the pile - again!!

I have decided to do it this week and get them into court. I am in Edinburgh so I take it I go to the court at Parliament Square, is anyone else in Edinburgh?

Couple of questions I am making the first of my claims from 1/8/02 to 1/9/03. The charges amount to £755, can I restrict this to £750 or do I deduct the charge on 1/9/03 to bring it down to £515? Also how do I calculate the interest?

I must admit I am getting very scared reading the threads whom the banks are turning up to court.

Hopefully hear from someone soon so that I can get my money back!!!!

give_me_it_back · 26th July 2006, 10:32

What threads have you read where banks actually turn up in court?

It's up to you how you organise the claim. Is there not a little £10/£20 charge you could knock off to bring it down? You'll be claiming it all anyway eventually.

There is a spreadsheet in the library for calculating the interest.

Also skint · 26th July 2006, 10:54

Also skint · 26th July 2006, 10:57

Hi

Thanks for the reply. It was Manolo's thread that the bank turned up in Aberdeen, scares me!!!

The charges as follows:-

01/08/2002 30
02/09/2002 60
02/01/2003 60
03/02/2003 75
03/03/2003 180
01/05/2003 20
02/06/2003 20
01/07/2003 40
01/08/2003 30
01/09/2003 240

Can I just exclude one of the charges on 1/5/03 or 2/6/03 of do I have to exclude the £240 so as to include the whole period?

Thanks again
S

give_me_it_back · 26th July 2006, 14:02

I wouldn't worry too much about the bank's 'representative' turning up. All he did was ask for a copy of their own terms and conditions! Laughable really! Still, it would be nice if a MOD answered that particular thread.. I still don't know if Manolo is the first person this has happended to - and it can't have been pleasant for her!

The spreadsheet for calcs is in the library:

http://www.consumeractiongroup.co.uk...eadsheets.html

£240 charges in one day is a lot!! What did they do to you on that day?! I'm not sure, but, if it were me, I'd just take out the 1/8/03 charge, and then claim that the next time.

Lorraine Hutchison · 26th July 2006, 16:42

Hiya. I am in Coatbridge and also taking LTSB to court. I am just about to do it by post and use a relatives address in England to reclaim whole amount of £2600. Good luck to you and I will let you know how I get on. I have been charged £165 in July and they are taking £175 on 1st August. Anyone know if I can add these onto my claim?

Lorraine

Lorraine Hutchison · 26th July 2006, 16:44

Hiya. I am in Coatbridge and also taking LTSB to court. I am just about to do it by post and use a relatives address in England to reclaim whole amount of £2600. Good luck to you and I will let you know how I get on. I have been charged £165 in July and they are taking £175 on 1st August. Anyone know if I can add these onto my claim?

Lorraine

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